Legal Question in Family Law in California
Spousal Threats, what is true?
I am requesting a divorce, and my husband is
successfully scaring me with custody and alimony
threats. We have 3 children, married for 11 years. I
have not worked since my first was born. (11 years) I do
not have a diploma. His business is very successful,
and he makes a great living. I would like things to stay
civl for the kids, but he continuosly threatens with
custody and alimony. Stating that he will say he makes
less than he really does, and he wants our kids. I've
gone back when he threatened before, because of our
children. He also says if I don't talk to an Attorney, he
will do what I want, but if he finds out differently, he will
follow through on his threats. What do I believe, and
what is the law?
3 Answers from Attorneys
Re: Spousal Threats, what is true?
your question is a bit vague in respect to what is the law. if you want to email me directly with a more specific question, i may be able to assist you legally with this matter. let me know what type of income your husband makes and how he might go about lying about it, as well as what type of custody both of you seek in this matter. i can then apprise you of your legal rights better.
Re: Spousal Threats, what is true?
First of all, I hope you are seeing someone for a bit of therapy. I'm not saying you need extensive psychotherapy, but you do need to speak to a professional about controlling your own life, not being controlled by him, resisting the fear he instills in you.
That said, his threats are probably empty. He will not get custody of the children, he will pay child support and he will pay spousal support (alimony). Further, the business will be appraised as of date of separation, so his pretending to reduce the income/value will not help him. He will owe you one-half of the community interest in the business.
Any time someone threatens you to NOT see an attorney, run, don't walk, to a competent lawyer.
Reply: Spousal Threats, what is true?
I suggest that you consult wiht an experienced family law lawyer without delay, and go into the details with him or her.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net